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No, he cannot, but the sheriff is correct; it is a civil suit. You can sue your neighbor for trespass and conversion. You can also get an injunction to have him halt his activities and replace what has been damaged/lost. You will likley need a land use or civil attorney to help you with this. You can find local ones here: http://www.martindale.com/. You will be able to ask for your attorneys fees and costs from your neighbor. If you have more questions, I will be happy to answer them. Please accept my answer so I can receive the proper credit for helping you. We can continue our conversation at no additional charge. Thanks!
If you could please accept my answer so I can receive credit for helping you, I would appreciate it. A customer must accept an expert's answer or they receive nothing for their time. If you have more questions, I will be happy to answer them. Thank you.